Updated: July 29, 2026
The New York City Department of Buildings has proposed adding a new rule to section §101-20, to Title 1 of the Rules of the City of New York. The rule would allow DOB to charge a $200 fee each time a scheduled electrical, plumbing, or construction inspection cannot be completed because the permit holder or licensee is not ready to proceed. A public hearing is set for September 9, 2026, and the comment period closes the same day.
Why DOB is proposing this
According to the notice, incomplete inspections tie up Department resources because inspectors must return to the same site, sometimes more than once, before the work can be signed off. DOB reports that between 2021 and May 2026, inspectors were unable to complete roughly 44,000 electrical inspections because the permit holder or licensee did not appear, was not prepared, or could not provide full access. The Department places the cost to the City at over $2 million. Because DOB does not charge for these inspections, it currently has no way to recover the cost of repeat visits, which it says also lengthen wait times for other applicants.
Who the rule applies to
The rule reaches a wide group: registered design professionals, licensees, general contractors, third-party contractors, owners, and filing representatives who request an inspection of an electrical, plumbing, or construction installation.
What DOB would treat as an “incomplete inspection”
The proposed rule defines an incomplete inspection as one that must be rescheduled because the permit holder or licensee fails to appear, fails to prepare the site, is unfamiliar with the scope of work, or fails to provide access, documentation, or the conditions needed to conduct the inspection. The rule lists seven examples, and the list is not exhaustive:
- Failure to keep the appointment — no one is present at the scheduled time
- Incomplete installation — the work is not far enough along to inspect
- Inspection declined — the permit holder leaves before or at the time of inspection, or refuses to proceed
- Late cancellation — the cancellation reaches DOB fewer than three business days before the appointment
- Incomplete access — the inspector is not given full, unobstructed access to the installation and all relevant components and equipment rooms
- Unprepared site — missing safety measures, missing documentation, or another condition the inspector identifies
- Unfamiliar with the scope of work — the person on site cannot answer the inspector’s questions or otherwise facilitate the inspection
The fee, and the rescheduling hold
DOB would charge $200 for each scheduled inspection that ends up incomplete. Critically, an incomplete inspection could not be rescheduled until that fee is paid, which means an unpaid fee stalls the project.
Enforcement consequences
The Department may, at its sole discretion, refer a licensee or registered design professional for further enforcement if they incur repeated incomplete inspections or fail to pay a fee within one calendar year. That enforcement can include suspension, revocation, or denial of a license or registration renewal.
How to challenge a fee
A fee can be challenged within 30 days of being imposed. Challenges must be filed electronically through DOB’s website and include a written statement and supporting documentation, which the rule says may include time-stamped photos, video, scheduling records, site access logs, or proof of communication with Department staff. The rule notes that challenges submitted without sufficient evidence may be denied, and that the decision to uphold or dismiss a fee rests solely with the Department.
How and when to comment
DOB will hold an online public hearing at 11:00 AM on September 9, 2026, and comments are due that same day. Comments may be submitted through the NYC rules website (rules.cityofnewyork.us), by email to dobrules@buildings.nyc.gov, or by mail to the Office of the General Counsel at 280 Broadway, 7th Floor. Anyone who wants to speak at the hearing must sign up by September 2, and accommodation requests are due by August 26.
How Cahill can help
Cahill Strategies’ Construction Code & Safety practice is led by former senior DOB officials who understand how rules like this are drafted, applied, and enforced. If you want to understand your exposure under §101-20, or put comments on the record before the September 9 deadline, we can help.
If you’re part of our New York City construction industry and would like to keep informed of new developments and how your project could be affected, we invite you to sign up for our mailing list. We’ll also send you our complimentary, comprehensive guide to New York City DOB’s new Chapter 33 Building Code revisions.
Cahill Strategies Construction Solutions Guide to NYC Building Code Chapter 33 Revisions
Cahill Strategies has developed a detailed and documented guide to the most important revisions that New York construction professionals are likely to encounter every day. We were able to do this because Cahill Strategies has been involved instrumentally in the development of these codes.
The 100-page book is meticulously organized and can be used as a handy reference when many common issues arise. In each section, the specific revisions are highlighted, and the new information is presented in a clear and practical manner with further explanation on why the change is so important. All of this, reviewed and vetted by one of New York’s longest serving, former DOB professionals – Cahill Strategies’ Director of Construction Code & Safety, Bobby D’Alessio.
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Get to know Bobby D’Alessio
Robert “Bobby” D’Alessio, is a former New York City Department of Buildings Senior Executive Director of Construction Safety. Mr. D’Alessio’s focus is predominately in the areas of construction code and safety analysis for our clients’ major new building and renovation projects in the New York City and surrounding regions.
As Cahill Strategies’ Director of Construction Code and Safety, Bobby brings an unparalleled level of knowledge and practical experience to our growing construction solutions practice area.
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Get to know Kevin Moran
Kevin, the Vice President of Construction Solutions at Cahill Strategies, brings a wealth of experience in the New York construction industry to his role. He has a strong track record of guiding clients through complex building processes, with a range of successful projects under his belt, including commercial and residential developments, infrastructure and transportation projects, and various utility matters.
